Losing a loved one is always devastating, but when their death is caused by someone else's negligence or intentional actions, it can be even harder to cope. This is where wrongful death laws come into play. If you’ve recently lost a loved one and suspect their death was preventable, understanding what constitutes a wrongful death in Texas is essential.
What Is a Wrongful Death?
A wrongful death occurs when someone's misconduct, negligence, or illegal actions result in another person's death. Under Texas law, wrongful death claims are governed by the Texas Wrongful Death Act. This act allows specific family members to pursue legal action against the party responsible for the death. The primary goal is to seek justice and compensation for the emotional and financial harm caused by the loss.
Legal Criteria for Wrongful Death in Texas
For a case to qualify as a wrongful death, certain legal criteria must be met:
Negligence or Intentional Harm
The key factor in any wrongful death case is proving that the death was caused by the other party's negligence or intentional actions. This could include reckless behavior, a failure to meet safety standards, or acts of violence.
Causation
It's not enough to show that someone was negligent; you must also prove that their actions directly caused the death. For example, if a driver runs a red light and crashes into another car, causing a fatality, their reckless act is directly linked to the death.
Damages
The death must result in measurable damages. These can include lost income, funeral expenses, medical bills, and emotional suffering for the surviving family members.
Examples of Wrongful Death Cases
To better understand wrongful death cases, here are a few examples of situations that might meet the legal standard in Texas:
- Car Accidents: If a driver was under the influence of drugs or alcohol and caused a fatal crash, their actions could constitute wrongful death.
- Medical Malpractice: Cases of misdiagnosis, surgical errors, or failure to provide adequate care leading to a patient’s death can be grounds for a wrongful death claim.
- Workplace Accidents: If an employer fails to provide necessary safety equipment or training and an employee is fatally injured, the employer may be held liable.
- Defective Products: A manufacturer may be liable if a faulty product, such as a defective airbag or dangerous medication, causes a fatality.
Who Can File a Wrongful Death Claim in Texas?
Texas law is specific about who can bring a wrongful death claim. The right is reserved for close family members, including:
- The surviving spouse
- Children (adult or minor)
- Parents of the deceased
Suppose none of these individuals bring a claim within three months of the death. In that case, an executor or personal representative of the deceased's estate may file the claim instead—unless family members expressly request otherwise. Unfortunately, siblings do not have legal standing to file wrongful death claims in Texas, even if they were close to the deceased.
The Legal Process of Filing a Claim
The legal process for filing a wrongful death claim in Texas generally involves these key steps:
- Consulting an Attorney: Since wrongful death claims are complex, it's recommended to consult an experienced lawyer who understands Texas law and can evaluate your case.
- Investigation: Your attorney will gather evidence such as medical records, accident reports, and witness statements to build a strong case.
- Filing the Claim: A claim is filed in civil court demanding damages from the liable party. Note that you generally have two years from the date of death to file a claim, per the Texas statute of limitations.
- Negotiations or Trial: Cases may be settled through negotiation or, if necessary, go to trial, where a jury will determine whether the defendant is liable and what damages should be awarded.
Compensation Available in Wrongful Death Claims
Victims’ families can seek both economic and non-economic damages, which may include:
- Economic damages: Funeral and burial expenses, medical bills related to the deceased's final care, and the loss of the deceased’s expected future income.
- Non-economic damages: Pain and suffering, mental anguish, loss of companionship, and the emotional toll of losing a loved one.
- Punitive damages: These may be awarded in extreme cases where the defendant's actions were reckless or malicious, serving as a punishment and deterrent.
Unique Aspects of Texas Law on Wrongful Death
Texas does not cap compensatory damages related to wrongful death—except in medical malpractice cases, where non-economic damages are limited. Another distinctive aspect of Texas law is its "modified comparative fault" rule. If the deceased was partially responsible for the incident that caused their death, the damages may be reduced proportionately. However, the family cannot recover damages under Texas law if the deceased was more than 50% at fault.
Seek Justice with the Right Knowledge
Wrongful death laws are designed to help grieving families achieve some comfort and stability during an incredibly challenging time. Filing a claim may feel daunting, but understanding your rights under Texas law is the first step toward seeking justice and accountability for your loss.
Wrongful Death Attorney in Denison, TX
In Denison, Texas, our attorneys at Bradshaw Coones, PLLC have extensive experience handling wrongful death cases and can provide compassionate support and aggressive representation for your family. Contact us today at (903) 623-8926 to get started.